Eric v. Shelby v. James Bartlett, Warden Brian Superintendant of Oregon State Penitentiary, Superintendant

This appeal raises the issue of whether the one-year limitation period set forth in 28 U.S.C. § 2244 (d)(1) applies to a 28 U.S.C. § 2254 habeas corpus petition challenging a state prison administrative disciplinary decision. Eric Shelby admits that § 2244’s limitation period applies to habeas petitions challenging state court judgments, but he argues that the limitation period does not apply to petitions challenging prison administrative disciplinary decisions. We disagree. We hold that § 2244’s one-year limitation period applies to all habeas petitions filed by persons in “custody pursuant to the judgment of a State court,” 28 U.S.C. § 2244 (d)(1), even if the petition challenges an administrative decision rather than a state court judgment.

BACKGROUND

Shelby is an inmate in the custody of the Oregon Department of Corrections. Following a prison disciplinary hearing, the Department of Corrections found Shelby in violation of institutional rules and imposed a sanction of (1) sixty days in disciplinary segregation, (2) the loss of 100 days of “statutory good time,” and (3) a $200 fine. Shelby sought administrative review of that decision on July 3, 2001. The reviewing official…